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(영문) 서울중앙지방법원 2013.07.19 2013고정2826

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On April 6, 2013, the Defendant: (a) had no intent or ability to pay the taxi fee on or around April 13:30, 2013; (b) had, in the vicinity of Seongdong-gu Seoul Metropolitan Government, enticed the victim B (the age of 66) as if he would pay the taxi fee; and (c) had the victim operate a private taxi in the direction of destination; and (d) had the victim pay the amount equivalent to KRW 13,00 for the taxi fee, thereby having the victim obtain pecuniary benefits equivalent to that

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, assault, etc.) committed assault against the victim, who is a taxi driver on the part of the victim at the above time, and in the above taxi operated near the building in Jung-gu in Seoul, Seoul, with the problem of taxi charges, when the victim’s right booms with the victim’s 7 and 8 handlights.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Article 347 (1) of the Criminal Act and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.